Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-27

done. or snail cause or willingly euficr
or permit any act, matter, or thing so
directed or required by this act to be
done not to be 30 done, or shall aid or
abet any such omission or failure, or
shall be guilty of any infraction OF this
act, or shall aid or abet therein, shall
be deemed guilty Of misdemeanor,
and shall, upon conviction thereof in
any district court of the United
States within The jurisdiction OF which
such offence WAS committed, be subject
TO q fine OF not 10 exceed $1,000 for
each offence.
Section IL. That commission is
hereby created and established, TO be
known as the Interstate Commerce
Commission, which shall be composed
of FIVE commissioners. who shall be APP
pointed by the President, by aud with
The advice and consent of the Senate.
The commissioners first appointed I'M
der this act shall continue IN Office for
the term Of two, three, four, five, and
six years, respectively from the LIST day
of January, A. ID. 1887, the term Of
each TO be designated by the President
but their successors shall be appointed
for terms of six years, except that any
person chosen to fill vacancy shall
be appointed only for the uuex-
pired tcrm of the commissioner whom
he shall succeed. Any commissioner
may be removed by the President for
inefliciency, neglect of duty, or malefea-
sance in Office. Not more than three
of the commissioners shall be appointed
from the same political party. No per-
son in the employ of, or holding any
official relation TO, any common carrier
subject TO the provisions of this act, or
owning stock or bonds thereof, or who
is in any way pecuniarily interested
therein, shall enter upon the duties or
hold such office. Said commissioners
shall not engage in any other business,
vocation, or employment. No vacancy
in the commission shall impair the right
of the remaining commissioners to ex-
ercise all the powers of the commission.
Section II. That the commission
hereby created shall have authority to
inquire into the management of the
business of all common carriers subject
to the provisions of this act, and shall
keep itself informed as to the manner
and method in which the same is con-
Quoted, and shall have the right to OBJ
tain from such common carriers full
and complete information necessary TO
enable the commission to perform the
duties and carry out the objects for
which it was created and for the pur-
poses of this act the commission shall
have power to require the attendance
and testimony of witnesses and the
production of all books, papers, tariffs,
contracts, agreements, and documents
relating to any matter under investiga-
ton, and to that end may invoke the
aid of any court of the United States
in requiring the attendance and testi-
mony of witnesses and the production
of books, papers, and documents under
the provisions of this section.
And any of the circuit courts Of the
United States within the jurisdiction of
which such inquiry is carried on may,
in case of contumacy or refusal TO obey
a subpoena issued to any common car
rier subject to the provisions of this
act, or other person, issue an order re-
quiring such common carrier or other
person to appear before said commits
sion land produce books and papers, if
so ordered) and give evidence touching
the matter in question and any failure
to obey such order of the court may be
punished by such court as a contempt |
thereof. The claim that any such tes-
timOny or evidence may tend to crimi-
nate the person giving such evidence |
shall not excuse such witness from tes-
tifying but such evidence or testimony
shall not be used against such person
on the trial of any criminal proceeding. |
Section ID. That any person, firm,
or association, or any mer-
camille, agricultural or manufacturing |
society, or any body polite or munich
pal organization, complaining of any
Thing done or omitted to be done by |
any common carrier subject to the pro
visions Of this object in contravention
Of the provisions thereof, may apply to
said commission by petition, which
shall briefly state the facts whereupon |
a statement Of the charges thus made
shall be forwarded by the commission to
such common carrier, who shall be
called upon to satisfy the complaint
Or to answer the same in writing
within reasonable time, to be !
specified by the commission. If such
common carrier, within the time spe-
,ified, shall make reparation for the
injury alleged to have been done, said
,arrier shall be relieved of liability to
he complainant only for the particular
of law thus complained OF.
If such carrier shall not satisfy the
within the time specified, or
here shall appear to be any reasonable
ground for investigating said complaint,
t shall be the duty of the Commission
% investigate the matters complained
If in such manner and by SUCH means
Is it shall deem proper.
Said commission shall in like manner
investigate any complaint forwarded by
The railroad commissioner or railroad
of any State or Territory,
It the request of such commissioner or
and may institute any in
JURY on its own motion in the same
manner and to the effect as though
had been made.
No complaint shall at any time be
dismissed because of the absence Of di-
ect damage to the complainant.
Section IA. That whenever an inves-
igation shall be made by said commits
ion it shall be its duty to make re-
'Ort in writing in respect thereto,
which shall include the findings of fact
lpon which the conclusions of the com
mission are based, together with its
recommendation as to what reparation,
any, should be made by the common
arrier TO any party or parties who may
re found to have been injured; and
UGH findings so made shall thereafter,
n all judicial proceedings, be deemed
'rima fdcie evidence as to each and
very fact found.
All reports of investigations made
y the commission shall be entered of
ecord and copy thereof shall be fur
ished to the party who may have com
lained and to any common carrier
nat may have been complained of.
Section 10. That if in any case in
hich an investigation shall be made by
nd commission it shall be made to APP
ear to the satisfaction of the commits
on, either by the testimony oftwit-
esses or other evidence, that anything
as been done or omitted to be done in
Olafion of the DrOvisions of tbis OFT /